S.Jega Jeewa Dhas v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.3210 of 2013 S.Jega Jeewa Dhas ... Petitioner Vs.

1. The District Collector, Thiruvannamalai District, Thiruvannamalai

2. The Executive Officer, Chengam Town Panchayat, Chengam, Thiruvannamalai District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondents to pay compensation to the petitioner for utilizing the petitioner's land situated at Jeevanantham Street, Chengam Town Panchayat, Thiruvannamalai District for widening the road by the 2nd respondent herein.

For Petitioner : Mr.P.Wesley Isaac For Respondents: Mr.P.Sanjay Gandhi, Addl.Govt.Pleader

ORDER

The petitioner is stated to be the owner of the land in Survey No.229/6J, Chengam village, Chengam Taluk, Thiruvannamalai District and a decision was made by the 2nd respondent to upgrade the existing road. The petitioner has come forward to file this writ petition alleging that his property has been acquired for the purpose of extending the road. This fact is denied by the counter affidavit filed by the 2nd respondent, wherein, it has been stated that the petitioner has encroached the road area and the private land of the petitioner has not been acquired.

2. As the issue is sought to be raised by the petitioner, that too, after laying of the road on the premise that his private property has been acquired, which fact is disputed by the 2nd respondent, this Court cannot adjudicate upon the same, as it is for the competent Civil Court to go into it.

https://hcservices.ecourts.gov.in/hcservices/

3. Accordingly, the writ petition is dismissed. However, liberty is given to the petitioner to work out his remedy before the Civil Court. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar usk To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai

2. The Executive Officer, Chengam Town Panchayat, Chengam, Thiruvannamalai District.

+ 1 cc to Mr.P. Wesley Isaac, Advocate Sr.49531 + 1 cc to Government Pleader Sr.49854 W.P.No.3210 of 2013 KGK(CO) Eu 30.09.15 https://hcservices.ecourts.gov.in/hcservices/